Lang, Diane & Robert RZ•
APPLIATION FOR ANNEXATION APPROVAL &
ZONING OR•REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
FILING INFORMATION
I. GENERAL INFORMATION
(PROPOSED NAME OF SUBDIVISION)
LOCATION)
N ~ L 10, 11, 12, 13, 14, 15, Blk 1 of F A Nourse's 3rd a c3 0~ ridi n
(LEGAL DESCRIPTION - ATTACHLF LENGTHY)
Rod Schoen RRR-~1~t1
(OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.)
1115 E. 1st Meridian, ID
(ADDRESS)
Diane M. Lanc
345-3944
(APPLICANT) (NAME) ~ / (TELEPHONE N0.)
2339 Spring N1~untain Drive Boise, 83702
(ADDRESS)
(ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.)
(ADDRESS)
(JURISDICTION(S) REQUIRING APPROVAL)
(TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL)
+50 ACRES OF LAND IN CONTIGUOUS
OWNERSHIP.
(ACCEPTED BY:) (FEE)
Itans for annexation & zoning r~uests
1. Name of applicant - Diane M. Lang and Robert J. Lang
2339 Spring Mountain Drive
Boise, ID 83702 208-345-3944 Nbbile 890-6023
2. Name,~:dddress & phone nLUnber of owner of subject property.
Rod Schoen
1115 E. 1st St.
N~xidian, ID 83642 208-888-2124
3. Copies attached # 1 & # 2.
4. Legal Description - N. 1/2 of L. 10, 11, 12, 13, 14, 15, Blk 1 of F. A.
Nourse's 3rd Addition to Mexidian
5.
6. Residential - shop in back used as a machine shop
7. Proposed Land Use - Antique and Cellectibles shop.
8. Present district - R 15
9. Proposed district - C C or C G
10. Businesses are being operated along E. 1st, the closest being 2 doors to the
South, Cottage Expressions. Karate training is 3 ~~ ~~, U. S. Post
Office is across the street.
11. We believe it would enhance the area. We have plans for upgrading the exterior
inn beeping with its hitArical value. We feel that it would compliment the
business in the area.
12. See attached # 12
13. 'Thirty copies of a vicinity map of a scale of one inch equals 300 ft. attached.
14. See attached list of names and addresses # 14
15. It is in the Existing Urban Comprehensive plan which encourages development
of business near the downtown core area.
16. Fee enclosed.
17. The property will be posted 1 week before hearing and affidavit provided.
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® REAL ESTATE PURCHASE AND SALE AGRE~T AND RECEIPT FOR EARNEST MONEY t /
erw..r~ AL PRINTED PROVISIONS ON THE REVERSE SIOE~~
THIS ~ A LEGALLY BINDING CONTRACT. READ THE ENTIRE DOCUMENT, WCLUDING THE GENER
'AND ANY ATTACHMENTS, CAREFULLY, BEFORE SIGNING. IF YOU HAVE ANY QUESTIONS, CONSULYTeYO~UYgATTORNEY BEFORE BKiNWG. ~
1. AGENCY DISCLOSURE. At the dine d sfpntrrg this agreement d,e agent working wgtt the buyer represented
and me agent vrodUng with the seller represented sellers Eadt Party tdfFtkW Writ doeurnent tanA^^e that wbr wntten 5
was vtovided b hkdner u thu Vensection. Each party b UUe beneaGion ltat read and txtderstartds the contenb of the atlencY diadosure brodture 6
dhauwr. of e9erwy 7
aa'^O1°h'feC~ved' Roes A. Wilson Real Est MLS# 1518 8
~~ Agency bletr0 Grp Lett & OJ. _ MLS# 1236 Selling Agency
Liatirtg Agent Name Kerry No1zl MLS# 1346 Selling Agent Name ~'-n Wilson Mls# 975 s
Ph0118 # 322-6500 Fax # 322-6571 Pnone # 887-7968 Fax# 887-1389 10
D# 3 017 0 2 Diane M L•at'tQ arYa Robert J ~Q ~p~nh~,x~„~k,ro~,.. ~7;{~r~ 93 12
gwretwttw aatNd'Buyer') ewaaa b txrrdtase• and eta undersprd seller at#aea ro wx fns tottowYq dasonbad rw asters trxeYWter rsterred a 3 31'u -<~+^~~642 13
1115 E. 1st ~ Merit3ian 1a
Legally described es 1V 11 1L iJ
(A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED OR ATTACHED PRIOR TO lel(ECUTION BY SELLER. Buyer hereby eu e~Me~ed MoneaMi ~ 18
over IUs signeWro gta eerrect legal deaedpUon of the premiesa N unavageble at ate tlme of tut^ktg, or b correct the lapel deserytiat previauely t7
kaorrtpbU). 1 B
2. EARNEST MONEY. ~0~_~ --donate t9
(s)1 ry~rUU . U V Diu as Earnest Money end a receipt u hereby admowiedged of Ch1t+-t'1'YltiaatYl awl m 1 n 20
X11 U. UU 1 evideraed b .
^ Cash ^ Personal Check ^ Cashier's Check ~NOU fhte^ or i-n ha na i A t f fitwlc at Pt ny>epr 1(131. F:xnhrJ _ nn a>mrmVa
(b) Eemest Money b be deposited In ~tr~ts account upon accepunce b~y~.il parties end shag be hell by. ^UsUrp Broker Seging Broker pClOther ~~~
the benefit of tl» parties hereto. andMe~rO t^Lp Lett & `^" (broker) shag hold Me ramputey executed brokers copy of this agreement and is 24
r~DO^°~B Mr the dO~^g' rovide UUe pdky and Preliminary report of trommitment and Me 'Goring 25
(cl The panics agree that Boise Title Ting Compsrrrryryry,,, gheu p
n.., ~e m,~ pT~'- , a~~ Wi l Sc'fn- JI a kxp-arm escrow / cdlecUon is Involved. Men the escrow holder 27
egerwY for UUt lrensaetF - - `- d.
ehau ba n
3.
4.
5.
8.
7.
8.
B
(a) S Cash at dosing, rt0
(bl S Bounce tN Ste Purot~ Price (M.I.P. rat Iraluded).
FINANCING. Thu agreement M anWgant upon eta tltrlnr securing eta lottovrktg a^' _p: (]FHA ^VA g~CONV dHA ^FmHA ^Aswmptlon of ezisUrq balls) ^Ogter.
(al New FManoug. New ben twlana u noted above far a psricd G _3.Q_ Yeare • 9__1 `-1% per arvrun. In FHA or VA ban h aoWh6 road gre aDP~ Dro~°^a on tlts
rsvertw Lida twreo0.ettyar shag Day ra rrara tltart PG^u plus orlgktalbn fee g arty. SaWr b Y °^~the dhearM pGMS neassery b order b obtain above destrtbed
Mirtdrp but not to sxaed__. points. My reduction h points stutU drat accrue b tlts bartslit of the LJBuyer LJSellar ^DivWed E4ually. at ~ ~ ~ % wim
(bl AtaumPtbn• BuYar b ASSUME and ^wW or ^ wW not be required b ouagy for an E7fIBTING LOAN(S) of roximetsy S
mouthy paymmda d apOrotdmataiy i ktGudktg ^ P ^ I ^ T ^ I. Thu agreamsnt ^ doe LJaoea not require L«+dar to ret.ew severs ti.bigy.
Type d ban ^~ ~
Buyer shag apply for such ben or eawmpUon within titres (S) businsae days efbr 8alur's aecaptand of this agrearnsnL U an appreical b requksdu~eS s
rongrgwtey, premises mwt apprelas at ra use then purchase prin. App13].531 lYJt t0 be IrCide t>ntil seller CaDP .
H required by under or otherwise cured hereto, the bobw ccau wnl be paW as indicated. Some cosu sub)ed a loan Program requiremenu.
WNI PtmpNnD¢R Lsrtder/Code LerMsr/Coda Tax
p~g Appraisal Assam Ins Fee Repalre Servirre
BUYER
WA
32
33
34
35
36
37
38
39
40
SNAAEEgIWII -- 51
coal d lender or code repaks not b exceed S
er and Seger shag OeposH with the Goring agency an htnde and Instruntertu necessary to complete the sale. The dosing date shag
Bu
a
i
fl
53
y
.
ng
e
9. CLOSING. On or before #te dos
1994
' ~
r
bero~~~rthen ~ji1~ t
'goaktg' means Ne date on which aU dorxurienu era eititer
' 54
.
10. POSSESSION. Buyer shag be anWed to possession an (
7~dasing ^other b~asssee 1 si
retarded or accepted by en escrow agent and the sou proceeds are available u Seger. Taxes and watC103s1~nQ C1d'CE~sBuyeBeheN payala fuel in tank amount a be
ted ea of
p b
56
-
e pro-ra
interest and reserves. tiara, srttxanbrertcet c oblgaUons assumed and uUgtla slur 57
detemdned by na supplur at S®gers expense. ~T~y 27. 1994
ed b the axepurtce of Seller an c before 12:gg o'Gait mkkUph- d
d
' 58
59
s cag
t a#er u roa
11. ACCEPTANCE. Btryer
II Seler dtxea not accept tlda agreement vdUUrt the time apedfied, Me entire Earnest Matey shag be refunded to Buyer on derrtertd.
60
^ SEE ATTACHED ADDENDUM(S) 6t
12. SIGNATURES
s2
Date 9/2 4 Buy Diane M. Lan Date 2 r t~ 63
Buyer ,n Buyer v tsww~t . ~
Address I t[~y,.~~ y~,e Address
Boise state ID zip 83702 city slate zip
-
ss
city
Hm. Ph. Bus. Ph.
Ph
~~60~
Bus 66
.
.
Hm. Ph.
t the sale set font in the above agreement and agree b tarty out ag the terms thered on the pan at ga seder. UWe further ~
On #dt date. flute hereby approve avid accep 68
adeawudpe receipt d a We ropy d Was agreement signed by both parties.
SIGNATURE(S) SUBJECT TO COUNTER OFFER ^ SEE ATTACHED ^ SEE ATTACHED SELLERS RIGHT TO
69
OFFER(S~, ADDENDUM CONTINUE TO MARKET PREMISES
S E ATTACHED CO NTER 70
~
.t `( S r J E~ Date sever
Date 7t
72
Seller Is~~l Seller ts~W.t
/ Address
73
Address
Ciry Ere1Dr State Zip~1.(!rS-~- City State ZIp 7a
75
Hm. Ph. ~~' ^ ~~"~ 13~ Bus. Ph. Hm. Ph. Bus. Ph.
by the Seller and containing the lull end complete legal descri li the premises, is hereby received on this
ent ~~
,
A true copy of the redoing agreem
day of , 19 _
~ BUYER: 78
BUYER _~
PRICE IS One hundred Thirty ThousaTrl and /100--- ------- DOLLARS 28
29
1 Peyeble as follows: 30
bxnudi above Earnest Money (Cbskq rasa are additlatel). 31
ITEMS SPECIFICALLY INCLUDED IN THIS SALE: (H FFIANA gnancirp u Bought tae Ham # 18 on reveres trifle): RPfri ra nr,~~hP1_S>ac 45
46
ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: Sir ressor 47
COSTS PAID BY: Cosa In addition to Uase listed below may be incurred by Buyer and Seller. tillers oUterwus agreed Yt~ in, or,~,fONo. ~ rer~ m paid 50
lender. Buyer shag purchese~Se ~t reZa1e on reverse aGe~ assumpdon. 6ctended Coverege Tithe pdiLY regwsted ^ Im
by
~Q ~ COUNTER ~ER # / pEpl '
THIS IS A LEGALLY 91NDINO CONTRACT. READ THE ENTIRE DOCUMENT, INCWDINO ANY ATTACHMENT, CAREFULLY, eEFORE SNiNINO. IR 3
HAVE ANY OUESTION9, CONSULT YOUR ATTORNEY BEFORE SIGNING.
This is a COUNTER OFFER to the Real Estate Purohase and Sale Agreement and Receipt for 4
Earnest Money Dated: ~/O?~ ,19 ~ ID k `3 ~~7 ~ °~ S
ADDRESS:
Seller accepts all of the terms and conditions in the above designated agreement with the following changes o
or amendments: _ , ,
BUYER(S):
SELLER(S):
-~ ~
The herein agreement, upon its execution by both parties, is made an integral part of the aforementioned Agreement.
OTHER TERMS: All other terms and conditions to remain the same.
RIQHT TO ACCEPT OTHER OFFERS: Seller reserves the right to accept any other offer prior to Buyer's written
acceptance of this counter offer. Acceptance shall not be effective until a copy of this Counter Offer, dated and
signed by Buyer, is personally received by the Seller or Seller's agent.
EXPIRATION: This counter offer shall expire unless a copy hereof with Buyers written acceptance is delivered to
Seller or Seller's agent on or before ~~ o'clock O A.M. C9~~6A., on
19
Dated ~~cY ~7 Qf 19 Seller
Time AM/PM Seller
The undersigned Buyer(s) accepts the above counter offer.
Dated ~~ '~ °~ ~ 19 Buyer
Time ,L_____~~> - AMA Buyer
The herein agreement, upon Its execution by both parties, is made an integral part of the aforementioned Agreement.
OTHER TERMS: All other terms and conditions to remain the same. ~ ~
Unless the above Counter Offer IY ~_ is accepted on or before i~3 %0~ ~ rn--~~--=~ '
igl~ at ~f ~ _~yyl/PM, it shall be deemed revoked. Receipt of a copy hereof Is hereby acknowledged.
Dated ~= ~ 7 19 Buyer _ ~~ , ,
t2
13
14
15
16
17
18
19
20
21
22
23
24
2s
28
27
28
29
30
31
32
33
34
35
36
3e
39
40
41
42
43
44
45
48
a~
as
51
52
s3
5a
55
56
s7
58
59
Time AM/PM Buyer '' ~
Seller accepts B yer's changes or amendments to Seller's Counter Offer and agrees to sell on the above terms
ahd conditions.
Gated _. /~+ ~ `f 19 Salter -
Time ~ "~ , AM/PM Seller
proiteas o ials U etnsed by the Idafro Real Estate Commi bon who are alpo mOembera of ithe Natbnal Aspociationnao REALNR~SadU sa by any aMr person e
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As titled owners of the property located at 1115 E. 1st St., Meridian, Idaho,
Legal: N 1/2 of Lot 10, 11, 12, 13, 14, 15, Block 1 of F.A. Nourses 3rd Addition to Meridian,
we hereby consent to the zone change to CC or CG, or any other commercial designation
approved by the City of Meridian.
a~ Date ~F~~ . ~~ , ~'~
Rodney R. Schoen
~~~~ ~. Date ~", /~ /~ 9 ~
Laverne W. Schoen
STATE OF IDAHO
COUNTY OF ADA
On this~(~~ day of September, 1994, before me the undersigned, Rod Schoen and
Virginia Schoen, known to me to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
~'SLAI,I
~~~
NOTAR PUBLIC F R IDAHO
Residing at:
My Commission Expires:
Notary public in and for the State of Idaho
RQSiding in it^,:~ri;;i,:~, t:da County, Idaho
My Commission Expires March 24, 1995.
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v Land Title
CONNI FOR TITLE INSURANCE
SCHEDULE A
,.,~`-F --~; ,,.~~-1 ;v.;-,
Commitment Number: B94-29208
File Numbers B94-29208
1. Effective Dates August 31, 1994 at 7:30 A.M.
2. Policy or Policies to be issued:
A• [X] ALTA Owners Policy, (10-17-92)
[X] Standard Coverage [ ] Extended Coverage
Amount $
Premium $
Proposed Insured: ROBERT J. LANG and DIANE M. LANG, husband and wife
B• [ ] ALTA Loan Policy, (10-17-92)
[ ] Standard Coverage [ ] Extended Coverage
Amount $
Endorsements] Premium $
Simultaneous Issue Fee $
Proposed Insured: $
130,000.00
645.00
3. The estate or interest in the land described or referred to in this Commitment and cov
herein is fee simple and is at the effective date hereof vested in
Bred
LAVERNE W. SCHOEN
I4. The land referred to in this commitment is situated in the County of Ada, State of
Idaho, and described as follows:
The North half of Lots 10, 11, 12, 13, 14, and 15 in Block 1 of F.A. NOURSE
ADDITION TO MERIDIAN, according to the official plat thereof, filed in BookS7TOfRp
Page 299, records of Ada County, Idaho. lats at
~ .. ~._
~~~~
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NOTE: FOR A DEED OF TRT,
BOISE TIT
-~ ~~~ ~
LE & ES INC.,
can Land Title
ule A
E. Owsley
cation Commitment
SHOULD APPEAR AS FOLLOWS:
~IiO ~ CORPORATION
t
Doz.
dd
Form 4100
}rya H f ~~.'•>i. _ ~ ., ..
-Rile Number: B94-29208
Commitment Number: B94-29208
SCHEDULE 8 - SECTION 1
The following are the requirements to be complied withs
r
1. Instrument creating the estate or interest to be insured must be executed and filed for
record, to-wit:
a. A Warranty Deed executed by the vestee(s) herein vesting fee simple title in the
purchasers.
2. Pay the full consideration to, or for the account of, the grantors or mortgagors.
3. Pay all taxes, charges, assessments, levied and assessed against subject premises, which
are due and payable.
4. Satisfactory evidence should be had that improvements and/or repairs or alterations there-
to are completeds that contractor, sub-contractors, labor and materialmen are all paids
and have released of record all liens or notice of intent to perfect a lien for labor or
material.
5. Disclosure of the spouse of LAVERNE W. SCHOEN, if any. The Company herein reserves the
right to make additional requirements and/or exceptions upon disclosure of same.
American Land Title Association Commitment
Schedule 8 - Section I
Form 4100
,.
' File Numbers B94-29208. Commitment Number: B94-29208
SCHEDtTLE B - SECTION 2
Schedule B of the policy or policies to be issued will contain exceptions to the following
matters unless the same are disposed of to the satisfaction of the Company:
1. Any facts, rights, interests, or claims which are not shown by the public records but
which could be ascertained by an inspection of the land or which may be asserted by
persons in possession, or claiming to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public
records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other
facts which a correct survey of the land would disclose, and which are not shown by the
public records.
4. Any lien, or right to a lien, imposed by the law for services, labor, or material
heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the
public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but
not limited to, easements or equitable servitudes; or, (d) water rights, claims or title
to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the
public records.
6. Taxes or assessments which are not now payable or which are not shown as existing liens by
the records of any taxing authority that levies taxes or assessments on real property or
by the public records; proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
I 7. Any service, installation, connection, maintenance or construction charges for sewer,
water, electricity, or garbage collection or disposal or other utilities unless shown as
an existing lien by the public records.
8. Defects, liens, encumbrances, adverse claims or other matters, if any created, first
appearing in the public records or attaching subsequent to the effective date hereof but
prior to the date the proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
(Continued)
The Owner's Policy of title insurance committed for in this Commitment, if any, shall contain,
in addition to the Items set forth in Schedule B - Section 2, the following Items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1, Item (b). (2) Unpatented
mining claimst reservations or exceptions in patents or in Acts authorizing the issuance
I thereof. (3) Any and all unpaid taxes, assessments and unredeemed tax sales.
American Land Title Association Commitment
Schedule B - Section 2
Form 4100
_._._, __
File Number: 894-29208
SCHEDIILE 8 - SECTION 2 (continued)
EXCEPTIONS (continued) ~
Commitment Number: B94-29208
Paragraphs 1-8 will not appear as printed exceptions on extended coverage policies,
except as to such parts thereof which may be typed as a Special Exception in Schedule B -
Section 2.
Note: For informational purposes only, we find as follows:
Re: Assessor Parcel No: 86129020065
Code Area: 03
General taxes for the year 1993, were $638.26
We find this amount to be Paid in Full.
NOTE: The above amount of taxes DOES reflect a homeowners exemption. Any new buyer
must re-apply to the Ada County Assessor's office for said exemption.
9. General taxes for the year 1994, which are a lien, payable on or before December 20
of said year and not delinquent until after said date.
10. Sewer charges and special assessment powers of the CITY OF MERIDIAN. No search has
been made. Telephone No. 888-4433 for more specific information.
11. Liens and assessments of the NAMPA MERIDIAN IRRIGATION DISTRICT, and the rights,
powers, and of said district as by law provided. No search has been made. Telephone
No. 343-1884 for more specific information.
12. Unpatented mining claims; reservations or exceptions in patents or in Acts
authorizing the issuance thereof.
13. Easements, reservations, restrictions and dedications, if any, as shown on the
official plat of said subdivision.
14. Right-of-way easement for sewer line and maintenance and incidental purposes in favor
of THE CITY OF MERIDIAN, as provided in the deed recorded May 17, 1956, as Instrument
No. 394599, records of Ada County, Idaho.
15. Right, Title and Interest of RODNEY R. SCHOEN through an unrecorded contract for sale
or otherwise.
END OF EXCEPTIONS
(Continued)
American Land Title Association Commitment
Schedule B - Section 2
Form 4100
•
MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: OCTOBER 11.1994
APPLICANT: DIANE AND ROBERT LANG AGENDA ITEM NUMBER: 12
REQUEST:~~QUEST FOR REZONE
AG NCY COMMENTS
CITY CLERK:
CITY ENGINEER: COMMENTS FORTHCOMING
CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING
CITY ATTORNEY:
CITY POLICE DEPT: SEE ATTACHED COMMENTS
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: -SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
DTHER:
~FIUB OF TREASURE VALLEY •
OFFICIALS
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman • Planning & Zoning
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning S: Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 4, 1994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST: Rezone request
BY: Diane and Robert Lana
LOCATION OF PROPERTY OR PROJECT: 1115 E. 1st Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM 8~ FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF R TION(PRELIM 8t FINAL PI
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
T)
A Good Place to Live
CITY OF MERIDIAN
• •
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS A Good Place to Live
RONALD R. TOLSMA
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, City Treasurer CITY OF MERIDIAN MORRO V
T W
GARY D. SMITH, P.E. City Engineer WAL
.
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO ~ ~*" `- SHARI STILES
n
stra;c•
AC
JOHN T. SHAWCROFT, Waste Water Supt. s ~
mi
Ptillnner 8 ZoNng
KENNY W. BOWERS, FireChlef ue --~
MERIDIAN, IDAHO 83642 ~ ~- ~ °'
JIM JOHNSON
W.L. "BILL" GORDON, Police Chief
Attorney
JR.
CROOKSTON
YNEG Phone (208) 888433 • FAX (208) 887-4813 ,q ,~ ~~ ;.3 ~ Chairman • Planning 8 Z:^~^;
,
,
.
WA Public Works/Building Department (208) 887-2211 ;;~ ;;,, ~ L ; j _~ ~ ;
; '
GRANT P. KINGSFORD ~v i ; • F
.
U
Mayor -- _. » j `- '
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994
TRANSMITTAL DATE: 9116194 HEARING DATE: 10/11/94
REQUEST: Rezone request
BY: Diane and Robert Lana
LOCATION OF PROPERTY OR PROJECT: 1115E 1st Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C1C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM 8 FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT)
CITY FILES ~/~ ~ ` ~/ `
OTHER: '7
YOUR CONCISE REMARKS:
~ ~ ~ ~ ~l ~~ ~ f/ D °S Nd't
R ~ sL ~ h •~ +.ti: i ~ dt3
/~
3~,~ 1
/ • •
il~ ~~
:GLENN J. RHODES. Pres~aent
;HERBY R. HUBER, Vice Presiaent
,~AMES E. 3RUCE. Secretary
TO: ACHD Commission
INTER-DEPARTMEDIT
CORRESPONDENCE
1115E1ST.MRZ/DSTECH
10-5-94
DATE: September 29, 1994
FROM: Development Services
SUBJECT: Meridian Rezone 1115 E. 1st St. R-15 to CC Or CG
(Applicant - Diane & Robert Lang, 2339 Spring Mountain
Drive, noise ID 83702)
tRepresentative - Same)
PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION
FACTS & FINDINGS:
1. Diane and Robert Lang are seeking rezone approval for property
located on the west side of E. 1st Street, approximately 60-
feet north of Carlton. The proposed use is for an antique and
collectibles shop. The site has an existing dwelling fronting
E. 1st and a shop with limited parking to the west. The shop
and parking are accessed by a public alley along the north
property boundary.
2. GENERAL INFORMATION:
ACRES - 0.2
PRESENT ZONING - Residential - R-15
PROPOSED ZONING - Commercial - CC or CG
TRAFFIC ANALYSIS ZONE - 270
L.F. OF FRONTAGE ON E. 1st Street - 90-feet
MOST RECENT TRAFFIC COUNTS - N/A
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Route
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route
EXISTING RIGHT-OF-WAY - 80-feet
REQUIRED RIGHT-OF-WAY - No new right-of-way required
E. 1st Street is fully improved with a 48-foot street
and sidewalks.
IMPACT FEE BENEFIT ZONE - West Ada
IMPACT FEE ASSESSMENT DISTRICT - Western Cities
section
ada county highway district
318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680
Meridian Rez~ 1115 E. 1st St. ~15 to CC or CG ,
September 29, 1994
Page 2
3. The alley along the north property boundary of the subject
parcel has 15-feet of right-of-way. District policy requires
20-feet of right-of-way.
4. This section of E. 1st Street was resurfaced within the past
5-years.
5. This application is scheduled for public hearing by the Meridi-
an Planning & Zoning Commission on October 11, 1994.
If the rezone is approved and development proceeds, the District
will provide the following recommendations to Meridian Planning &
Zoning as conditions for approval.
SITE SPECIFIC REQUIREMENTS:
1. Dedicate 10-feet of right-of-way from the centerline of the
public alley abutting parcel (2.5 additional feet). The owner
will be compensated for this additional right-of-way from
available impact fee revenues in this benefit zone.
2. Provide pavement the full width of the right-of-way on the
alley abutting the parcel, from the west property boundary to
E. 1st Street.
3. Utility street cuts in the new pavement on E. 1st Street will
not be allowed unless approved by the District Commission.
STANDARD REQUIREMENTS-
1. Street and drainage improvements required in the public right-
of-way shall be designed and constructed in conformance with
District standards and policies.
2. Specifications, land surveys, reports, plats, drawings, plans,
design information and calculations presented to ACRD shall be
sealed, signed and dated by a Registered Professional Engineer
or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
3. Provide written approval from the appropriate irriga-
tion/drainage district authorizing storm runoff into their
system.
4. Locate obstructions (utility facilities, irrigation and drain-
age appurtenances, etc.) outside of the proposed street im-
Meridian Rezone 1~ E. 1st St. R-15 to ~ or CG
September 29, 1994
Page 3
provements. Authorization for relocations shall be obtained
from the appropriate entity.
5. Continue existing irrigation and drainage systems across par-
cel.
6. Submit three sets of street construction plans to the District
for review and appropriate action.
7. Submit site drainage plans and calculations for review and
appropriate action by ACRD. The proposed drainage system
shall conform to the requirements of City of Meridian and
shall retain all storm water on-site.
Public street drainage facilities shall be located in the
public right-of-way or in a drainage easement set aside specif-
ically for that use. There shall be no trees, fences, bushes,
sheds, or other valuable amenities placed in said easement.
8. Provide design data for proposed access to public streets for
review and appropriate action by ACRD.
9. Locate driveway curb cuts a minimum of 5-feet from the side
lot property lines when the driveways are not being shared
with the adjacent property.
10. Aright-of-way permit must be obtained from ACfID for all
street and utility construction within the public right-of-
way. Contact Construction Services at 345-7667 (with zoning
file number) for details.
11. A request for modification, variance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING•
DATE OF COMMISSION APPROVAL:
Larry Sale
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CENTRAL
•• DISTRICT
HEALTH
DEPARTMENT
REVIEW SHEET
Environmental Health Division ~~-- r~y .~ ~ F
OCT 3~ ~°~
~f;i~'Y~ ~i~ i~~~ii~.
Rezone # ~ I ft~ = hN~ ~7 b L r'r (J4-t~ rs I,~~`-;
Conditional Use #
Preliminary /Final /Short Plat
_ ICI ~ L IST nrr~~
^ I. We have Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
Return to:
^ Boise
^ Eagle
^ Garden city
~~.'F1eridian
^ Kuna
^ Acz
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water
^ solid lava from original grade
^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
^ 2 feet
^ 4 feet
^ 7. Aker written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 1 1. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
13. ls~/L ~~~ N~ Jl~ i t=~i~^~S. Date: f ~ l 3 /
Reviewed By:~^
CDHD 10/91 rcb, rev. II/93 jll
- .
OFFICIALS
WILLIAM G. BERG, JR., Ctty Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-0433 • FAX (208) 887jt813
Public Works/Building Department (208) 887-221 I
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning AOmin~scra:c-
I'=' ' ' ~'-_ ~~ JIM JOHNSON
L, `", `~, i~=' °~ i~ ~ ~' Chairman • Planning S Zcn~-_
.. ~~~
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITIi THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning Ss. Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 41994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST:_Rezone request
BY: Diane and Robert Lana
LOCATION OF PROPERTY OR PROJECT: 1115 E. 1st Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
~~C' NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on this rezone request as
it will not impact the District.
on
Assistant Water Superintendent
Nampa & Meridian Irrigation District
• UB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
::;_ ?
OFFICIALS
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM
• •
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TO: Plannin & Z~~~ssion, Mayor and Council
~~
FROM: ari L. Stiles, Planning & Zoning Administrator
DATE: October 7, 1994
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman -Planning 8 Zoning
SUBJECT: Request for Rezone to C-C to Allow Antique Store -Diane and Robert
Lang
This rezone complies with the goals of the Meridian Comprehensive Plan. Applicant is to submit
site plan showing landscaping, parking, drainage calculations, etc., in accordance with City
ordinances and standards prior to opening. Parking area cannot be closer than four feet (4') to
adjacent alley or street right-of--way.
P. 01
• •
To Planning & Zoning
Meridian City Hall
Meridian, T~laho
Attention: Shari
Dear Shari'
A notice s posted on October 4,
October 5, 1994
1994, at 1115 E. 1st Street concerning the hearing to be
held at the ;City Hall regarding a zone change, on October 11, 1994 at '7:Q0 PM.
Thank you:
Sincerely yours,
F
Diane and Ttobert Lang
t.- ntn.
OFFICIALS
WILLIAM G. BERG, JR., Clty Cterk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Flre Chlef
W.L. "BILL" GORDON, Police Chlef
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALO R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner IL Zoning Administrator
JIM JOHNSON
Chairman • Planning 8 Zoning
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 4} 1994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST:~2ezone request -
BY: Diane and Robert Lana
LOCATION OF PROPERTY OR PROJECT: 1115 E. 1st Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
-POLICE DEPARTMENT
-CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM 8~ FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
' HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS A Good Place to Live RONALD R. TOLSMA
WILLIAM G. BERG, JR., Clty Clerk
CITY OF MERIDIAN MAX YERRINGTON
GARY D. SMITHS P.EyCIty Engineer WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO SHARI STILES
JOHN T. SHAWCROFT, waste water supt. Planner 8 Zoning Administrator
KENNY W. BOWERS, Fire cniet MERIDIAN, IDAHO 83642
W.L. "BILL" GORDON, Police Chiet
WAYNE G. CROOKSTON, JR., Attorney
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON
Chairman -Planning 8 Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 4,1994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST: Rezone request
BY: Diane and Robert Lana
LOCATION OF PROPERTY OR PROJECT: 1115E 1st Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C1C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM ~ FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT)
BUREAU OF R~fl~AMATION(PRELIM~iNA
CITY FILES ~~ ))
YOUR CONCISE
,T)
;~ . ;.
OFFICIALS
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Flre Chlef
W.L. "BILL" GORDON, Potice Chiet
WAVNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
COUNCIL MEMBERS
RONALD R. TOLSMA
MAXYERRINGTON
ROBERT D. CORRIE
WALT W. MORR01"J
SHARI STILES
`"~ ~' ~'r" ` r,. P'la~ririeF 8 Zoning Admmisva;o-
JIM JOHNSON
r• YChairman • Planning 8 Zcn~^S
GRANT P. KINGSFORD - -
Mayor t.~ ~ ~~ v z~cf:e';z.'ti=.i';
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
. WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning f~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 41994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST: Rezone request -
BY: Diane and Robert Lang
LOCATION OF PROPERTY OR PROJECT: 1115 E. 1st Street
JIM JOHNSON, P2
MOE ALIDJANI, P2
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT)
CITY FILES ~/~ O ` ~,
OTHEROTHER:
YOUR CONCISE REMARKS:
~~ ~ sa ~J ~s ~ ~ I 0 ~S itJD't
ay~ f~- ire l~~ w i -~-I. ~- ~ c C ZD~ ~
~~
3~~
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
-i_EtiN .;. RHODES. President
BERRY R F+UBER, Vice President
-`~ti~ES E. BRUCE. Secretary
~" ,.~.-~
~rz+~iCi:l~
Cif ~~=ti•~~ ~v,K 1,
i~SS.aac! i.
October 5, 1994
TO:
DIANE ~ ROBERT LANG
2339 SPRING MOUNTAIN DRIVE
BOISE ID 83702
rROM: Karen Gallagher, Coordinator
Development Services
SUBJECT: MERIDIAN RZ - 1115 E. 1ST. STREET R-15 to CC or CG
Your application for the above referenced project was acted on by
the Commissioners of the Ada County Highway District on October 5,
1994. The attached staff report lists the conditions of approval
and street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
LS
cc: Development Services
Chron
MERIDIAN CITY HALL
ada county highway district
318 East 37th Boise, Idaho 83714 phone X208) 345-7680
G 4' I~~G
GLENN J. RHODES, President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretary
TO: ACHD Commission
FROM: Development Services
INTER-DEPARTMENT
CORRESPONDENCE
1115E1ST.MRZ/DSTECH
10-5-94
DATE: October 3, 1994
SUBJECT: Meridian Rezone 1115 E. 1st St. R-15 to CC or CG
(Applicant - Diane & Robert Lang, 2339 Spring Mountain
Drive, Boise ID 83702)
(Representative - Same)
FACTS & FINDINGS:
1. Diane and Robert Lang are seeking rezone approval for property
located on the west side of E. 1st Street, approximately 60-
feet north of Carlton. The proposed use is for an antique and
collectibles shop. The site has an existing dwelling fronting
E. 1st and a shop with limited parking to the west. The shop
and parking are accessed by a public alley along the north
property boundary.
2. GENERAL INFORMATION:
ACRES - 0.2
PRESENT ZONING - Residential - R-15
PROPOSED ZONING - Commercial - CC or CG
TRAFFIC ANALYSIS ZONE - 270
L.F. OF FRONTAGE ON E. lst Street - 90-feet
MOST RECENT TRAFFIC COUNTS - N/A
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Route
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route
EXISTING RIGHT-OF-WAY - 80-feet
REQUIRED RIGHT-OF-WAY - No new right-of-way required
E. 1st Street is fully improved with a 48-foot street
and sidewalks.
IMPACT FEE BENEFIT ZONE - West Ada
IMPACT FEE ASSESSMENT DISTRICT - Western Cities
section
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
Meridian Rezone 1115 E. 1st St. R-15 to CC or CG
September 29, 1994
Page 2
3. The alley along the north property boundary of the subject
parcel has 15-feet of right-of-way. District policy requires
20-feet of right-of-way.
4. This section of E. 1st Street was resurfaced within the past
5-years.
5. This application is scheduled for public hearing by the Meridi-
an Planning & Zoning Commission on October 11, 1994.
If the rezone is approved and development proceeds, the District
will provide the following recommendations to Meridian Planning &
Zoning as conditions for approval.
SITE SPECIFIC REQUIREMENTS:
1. Dedicate 10-feet of right-of-way from the centerline of the
public alley abutting parcel (2.5 additional feet). The owner
will be compensated for this additional right-of-way from
available impact fee revenues in this benefit zone.
2. Provide pavement the full width of the right-of-way on the
alley abutting the parcel, from the west property boundary to
E. 1st Street.
3. Utility street cuts in the new pavement on E. 1st Street will
not be allowed unless approved by the District Commission.
STANDARD REQUIREMENTS:
1. Street and drainage improvements required in the public right-
of-way shall be designed and constructed in conformance with
District standards and policies.
2. Specifications, land surveys, reports, plats, drawings, plans,
design information and calculations presented to ACRD shall be
sealed, signed and dated by a Registered Professional Engineer
or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
3. Provide written approval from the appropriate irriga-
tion/drainage district authorizing storm runoff into their
system.
4. Locate obstructions (utility facilities, irrigation and drain-
age appurtenances, etc.) outside of the proposed street im-
Meridian Rezone 1115 E. 1st St. R-15 to CC or CG
September 29, 1994
Page 3
provements. Authorization for relocations shall be obtained
from the appropriate entity.
5. Continue existing irrigation and drainage systems across par-
cel.
6. Submit three sets of street construction plans to the District
for review and appropriate action.
7. Submit site drainage plans and calculations for review and
appropriate action by ACRD. The proposed drainage system
shall conform to the requirements of City of Meridian and
shall retain all storm water on-site.
Public street drainage facilities shall be located in the
public right-of-way or in a drainage easement set aside specif-
ically for that use. There shall be no trees, fences, bushes,
sheds, or other valuable amenities placed in said easement.
8. Provide design data for proposed access to public streets for
review and appropriate action by ACRD.
9. Locate driveway curb cuts a minimum of 5-feet from the side
lot property lines when the driveways are not being shared
with the adjacent property.
10. Aright-of-way permit must be obtained from ACRD for all
street and utility construction within the public right-of-
way. Contact Construction Services at 345-7667 (with zoning
file number) for details.
11. A request far modification, variance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING:
Larry Sale
DATE OF COMMISSION APPROVAL:
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CENTRAL REVIEW SHEET
•• DISTRICT ~ L~'~"`'-'° ~ ~, ~ "- C~~
pt1"HEALTH Environmental Health Division '~-^~-~~~ ~~•-- Return to:
Ems'' ~ .,, ^ Boise
DEPARTMENT ~" I '~ `"`/'
^ Eagle
f.i f ~; ^° L..
` l.r ~%~~ ars~t`~~i:.ra; ^ Garden city
Rezone # ~ I A-t~ ~ M~~ (~-~ b +=~ ~-r'
Conditional Use # ~~1eridian
^ Kuna
Preliminary /Final /Short Plat 1 ^ ACZ
^ I. We have Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water
^ solid lava from original grade
^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
^ 2 feet
^ 4 feet
^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
13. ~'/E /7rn'C N~ J l~ i ~_~^~~ • Date: ~/ 3 / /
Reviewed By:~^
fDHD 10/91 rcb, rev. I I/93 ill
OFFICIALS
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
A GOOd PIaCe t0 L1Ve
RONALD R. TOLSMA
CITY OF MERIDIAN I
WALTW M
ORRO V
33 EAST IDAHO SHARI STILES
MERIDIAN, IDAH083O42 ~ ~- Planner82oNngAdmimsva:c•
~•` f' f~ ~ JIM JOHNSON
ti ~!
G= ~ ~ j ~
I
~
.
Phone (208) 888-4433 ~ FAX (208) 8874813 ~` ~_ ~~ L ~=! ~
'
Chairman - Planning 8 Zen~~y
Public Works/Building Department (208) 887-221 I
GRANT P. KINGSFORD "
Mayor ~ , , -- 'V
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 5< Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 41994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST:_Rezone request
BY: Diane and Robert Lang
LOCATION OF PROPERTY OR PROJECT: 1115 E. 1st Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P2
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
^~NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM 8~ FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on this rezone request as
it will not impact the District.
tsitt Benson
Assistant Water Superintendent
Nampa & Meridian Irrigation District
E~.~~~`
SFP 2 ~ ?~~4
C~T'Y O~ ~~~~~~:1~~
a
ORDINANCE NO. 688
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE
ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS THE NORTH 1/2 OF LOT 10, 11, 12, 13, 14, 15, BLOCK 1
OF F.A. NOURSES 3RD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to amend and change the zoning from R-15 to C-C,
Community Business, for the described parcel in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which is
described as follows:
North 1/2 of Lot 10, 11, 12, 13, 14, 15, Block 1 of F.A.
Nourses 3rd Addition to Meridian
be, and the same is rezoned from R-15 Residential to CC Community
Business District, and Section 11-2-425, Official Zoning Maps is
hereby amended to reflect the same. This rezoning is subject to
the conditions referenced in the Findings of Fact and Conclusions
of Law as adopted by the Meridian Council on the request for
rezone.
Section 2. The Applicant shall pave parking areas
adjacent or near property, the design standards for off-street
parking in 11-2-414 must be met.
Section 3. That if Applicant shall fail to meet the above
rs
conditions the property shall be subject to rezone back to R-~49-.
Section 4. EFFECTIVE DATE: There being an emergency,
REZONE ORDINANCE - LANG
Page 1
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and
approval as required by law.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this day of
199
APPROVED:
MAYOR -- GRANT P. KINGSFORD
ATTEST:
WILLIAM G. BERG, JR. -- CITY CLERK
REZONE ORDINANCE - LANG Page 2
STATE OF IDAHO,)
ss.
County of Ada, )
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING
OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS NORTH 1/2 OF LOT 10, 11, 12, 13, 14, 15, BLOCK 1 OF
F.A. NOURSES 3RD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, AND
PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No.688 , by the
City Council and Mayor of the City of Meridian, on the day of
199_, as the same appears in my
office.
DATED this day of
199
City Clerk, City of Meridian
Ada County, Idaho
STATE OF IDAHO,
County of Ada,
ss.
On this day of , 199 , before
me, the undersigned, a Notary Public in and for said State,
personally appeared WILLIAM G. BERG, JR., known to me to be the
person whose name is subscribed to the within and foregoing
instrument, and acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
SEAL Notary Public for Idaho
Residing at Meridian, Idaho
Commission Expires:
REZONE ORDINANCE - LANG Page 3
MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1994
APPLICANT: DIANE AND ROBERT LANG ITEM NUMBER; 4
REQUEST; PUBLIC HEARING• REQUEST FOR A REZONE FROM R-15 TO C-C
AGENC COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR SEE ATTACHED COMMENTS
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
OFFICIALS
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
Plannin & Zoning Com 'ssion, Mayor and Council
o-~~~~
ari L. tiles, Planning & Zoning Administrator
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Chairman -Planning 8 Zoning
October 7, 1994
Request for Rezone to C-C to Allow Antique Store -Diane and Robert
Lang
This rezone complies with the goals of the Meridian Comprehensive Plan. Applicant is to submit
site plan showing landscaping, parking, drainage calculations, etc., in accordance with City
ordinances and standards prior to opening. Parking area cannot be closer than four feet (4') to
adjacent alley or street right-of--way.
ORluiivH~
BEFORE THE MERIDIAN PLANNING AND ZONING COI~IISSION
DIANE AND ROBERT LANG
REZONE APPLICATION
ANTI UE STORE
1115 E. 1ST STREET
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
October 11, 1994, at the hour of 7:30 o'clock p.m., Commissioner
Johnson stepped down due to potential conflict of interest, the
Petitioner appearing before the Planning and Zoning Commission of
the City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Rezone
Application was published for two (2) consecutive weeks prior to
the said public hearing scheduled for October 11, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 11, 1994,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
2. That this property is located within the City of Meridian
and the titled owners are Rod R. and Laverne W. Schoen who have
consented to the rezone of the property; the property is described
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 1
in the application which description is incorporated herein; that
the property is presently zoned R-15 Residential; the area in which
Applicant's property is located is developed as a residential area
but several of the properties have been rezoned to commercial.
3. That the Applicants propose to have the property zoned
(C-C) Community Commercial or (C-G) General Retail and Service
Commercial.
4. That the C-C District is described in the Zoning
Ordinance, 11-2-408 B. 9. as follows:
~C-C) Community Business District: The
purpose of the (C-C) District is to permit the
establishment of general business uses that
are of a larger scale than a neighborhood
business, and to encourage the development of
modern shopping centers with adequate off-
street parking facilities, and associated site
amenities to serve area residents and
employees; to prohibit strip commercial
development and encourage the clustering of
commercial enterprises. All such districts
shall have direct access to a transportation
arterial and collector and be connected to the
Municipal Water and Sewer systems of the City
of Meridian.
5. That the C-G District is described in the Zoning
Ordinance, 11-2-408 B. 9. as follows:
(C-G) GENERAL RETAIL AND SERVICE COMMERCIAL:
The purpose of the (C-G) District is to
provide for commercial uses which are
customarily operated entirely or almost
entirely within a building; to provide for a
review of the impact of proposed commercial
uses which are auto and service oriented and
are located in close proximity to major
highway or arterial streets; to fulfill the
need of travel-related services as well as
retail sales for the transient and permanent
motoring public. All such districts shall be
connected to the Municipal Water and Sewer
systems of the City of Meridian, and shall not
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 2
constitute strip commercial development and
encourage clustering of commercial
development.
6. That the uses of the properties surrounding the subject
property are operating businesses; two doors to the south of the
subject property is Cottage Expressions, Karate training is three
doors north and the U. S. Post office is across the street.
7. That there was no testimony at the hearing objecting to
the Application; that the Applicant's representative, Roen Wilson,
testified that the Lang's desire to use the property for an antique
and collectibles shop.
S. That sewer and water is available and are connected to
the property, but the use may require additional charges and fees.
9. That Planning & Zoning Administrator, Shari Stiles,
commented that this rezone complies with the goals of the Meridian
Comprehensive Plan; that the Applicant needs to submit site plan
showing landscaping, parking drainage calculations, etc., in
accordance with City ordinances and standards prior to opening;
that the parking area cannot be closer than four (4) feet to the
adjacent alley or street right-of-way; that the Ada County Highway
District commented and are incorporated herein; that comments may
be submitted by the City Engineer, Meridian Sewer Department and
other agencies and those comments will be incorporated herein as if
set forth in herein.
10. That the property fronts on East First Street which is a
minor arterial.
11. That proper notice has been given as required by law and
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 3
all procedures before the Planning and Zoning Commission have been
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicants'
property.
2. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and state.
3. That the City of Meridian has authority to place
conditions upon granting a zoning amendment.
4. That the City has judged this Application for a zoning
amendment upon the basis of guidelines contained in Section 11-2-
416 of the Revised and Compiled Ordinances of the City of Meridian
and upon the basis of the Local Planning Act of 1975, Title 67
Chapter 65, Idaho Code, the Comprehensive Plan of the City of
Meridian, and the record submitted to it and the things of which it
can take judicial notice.
5. That 11-2-416 (K) of the Revised and Compiled Ordinances
of the City of Meridian sets forth standards under which the City
shall review applications for zoning amendments; that upon a review
of those requirements and a review of the facts presented and
conditions of the area, the Planning and Zoning Commission
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 4
specifically concludes as follows:
(a) The property is in an area where commercial and
office uses are likely to desire to locate and many of
the properties in the area have been rezoned to
commercial. The new zoning should be harmonious with
and in accordance with the Comprehensive Plan and no
Comprehensive Plan amendment is required.
(b) The area is on the main street of Meridian where
substantial commercial property is located. A rezone of
the subject property is in line with that use.
(c) The area around the proposed zoning amendment is
developed in a residential fashion but has had several
properties rezoned. The new zoning of C-C Commercial
should not be contrary to the other uses in the area.
(d) There has been a change in the area which dictates
that the property should be rezoned and the area is very
likely to be developed in an office or commercial
fashion.
(e) That the property is designed and constructed to be
harmonious with the surrounding area.
(f) Commercial uses should not be hazardous or
disturbing to the existing or future uses of the
neighborhood.
(g) The property will be able to be adequately served
with public facilities, and connection to municipal
sewer and water is required.
(h) Commercial uses should not create excessive
additional requirements at public cost for public
facilities and services and would not be detrimental to
the economic welfare of the community.
(i) The proposed use should not involve any detrimental
activity to any person's property or the general
welfare .
(j ) Development should not cause a significant increase
in vehicular traffic and should not interfere with
surrounding traffic patterns in that the property has
good street frontage.
(k) That this rezone will not result in the
destruction, loss or damage of any natural or scenic
feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 5
(1) The proposed zoning amendment is in the best
interest of City of Meridian.
6. It is further concluded that the comments,
recommendations and requirements of City of Meridian Departments
and other governmental agencies will have to be met and complied
with.
7. That any signs placed on the property shall meet the
Meridian Sign Ordinance and shall not be lighted so as to shine in
the eyes of-~ee$ traveling on East First Street.
G(~-r /e I-S
8. That the Applicant and all users of the property shall
comply with all of the ordinances of the City of Meridian,
specifically including the water and sewer requirements, the Fire
and Life Safety codes, and the Uniform Building, Electrical, and
Plumbing Codes.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED G'
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 6
MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: NOVEMBER 9 1994
APPLICANT: DIANE AND ROBERT LANG AGENDA ITEM NUMBER: 7
REQUEST: REQUEST FOR REZONE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
•
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
DIANE AND ROBERT LANG
REZONE APPLICATION
ANTIQUE STORE
1115 E. 1ST STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
October 11, 1994, at the hour of 7:30 o'clock p.m., Commissioner
Johnson stepped down due to potential conflict of interest, the
Petitioner appearing before the Planning and Zoning Commission of
the City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Rezone
Application was published for two (2) consecutive weeks prior to
the said public hearing scheduled for October 11, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 11, 1994,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
2. That this property is located within the City of Meridian
and the titled owners are Rod R. and Laverne W. Schoen who have
consented to the rezone of the property; the property is described
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 1
•
in the application which description is incorporated herein; that
the property is presently zoned R-15 Residential; the area in which
Applicant's property is located is developed as a residential area
but several of the properties have been rezoned to commercial.
3. That the Applicants propose to have the property zoned
(C-C) Community Commercial or (C-G) General Retail and Service
Commercial.
4. That the C-C District is described in the Zoning
Ordinance, 11-2-408 B. 9. as follows:
1C-C1 Community Business District: The
purpose of the (C-C) District is to permit the
establishment of general business uses that
are of a larger scale than a neighborhood
business, and to encourage the development of
modern shopping centers with adequate off-
street parking facilities, and associated site
amenities to serve area residents and
employees; to prohibit strip commercial
development and encourage the clustering of
commercial enterprises. All such districts
shall have direct access to a transportation
arterial and collector and be connected to the
Municipal Water and Sewer systems of the City
of Meridian.
5. That the C-G District is described in the Zoning
Ordinance, 11-2-408 B. 9. as follows:
(C-G) GENERAL RETAIL AND SERVICE COMMERCIAL:
The purpose of the (C-G) District is to
provide for commercial uses which are
customarily operated entirely or almost
entirely within a building; to provide for a
review of the impact of proposed commercial
uses which are auto and service oriented and
are located in close proximity to major
highway or arterial streets; to fulfill the
need of travel-related services as well as
retail sales for the transient and permanent
motoring public. All such districts shall be
connected to the Municipal Water and Sewer
systems of the City of Meridian, and shall not
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 2
• •
constitute strip commercial development and
encourage clustering of commercial
development.
6. That the uses of the properties surrounding the subject
property are operating businesses; two doors to the south of the
subject property is Cottage Expressions, Karate training is three
doors north and the U. S. Post office is across the street.
7. That there was no testimony at the hearing objecting to
the Application; that the Applicant's representative, Roen Wilson,
testified that the Lang's desire to use the property for an antique
and collectibles shop.
8. That sewer and water is available and are connected to
the property, but the use may require additional charges and fees.
9. That Planning & Zoning Administrator, Shari Stiles,
commented that this rezone complies with the goals of the Meridian
Comprehensive Plan; that the Applicant needs to submit site plan
showing landscaping, parking drainage calculations, etc., in
accordance with City ordinances and standards prior to opening;
that the parking area cannot be closer than four (4) feet to the
adjacent alley or street right-of-way; that the Ada County Highway
District commented and are incorporated herein; that comments may
be submitted by the City Engineer, Meridian Sewer Department and
other agencies and those comments will be incorporated herein as if
set forth in herein.
10. That the property fronts on East First Street which is a
minor arterial.
11. That proper notice has been given as required by law and
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 3
• •
all procedures before the Planning and Zoning Commission have been
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicants'
property.
2. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and state.
3. That the City of Meridian has authority to place
conditions upon granting a zoning amendment.
4. That the City has judged this Application for a zoning
amendment upon the basis of guidelines contained in Section 11-2-
416 of the Revised and Compiled Ordinances of the City of Meridian
and upon the basis of the Local Planning Act of 1975, Title 67
Chapter 65, Idaho Code, the Comprehensive Plan of the City of
Meridian, and the record submitted to it and the things of which it
can take judicial notice.
5. That 11-2-416 (K) of the Revised and Compiled Ordinances
of the City of Meridian sets forth standards under which the City
shall review applications for zoning amendments; that upon a review
of those requirements and a review of the facts presented and
conditions of the area, the Planning and Zoning Commission
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 4
•
specifically concludes as follows:
(a) The property is in an area where commercial and
office uses are likely to desire to locate and many of
the properties in the area have been rezoned to
commercial. The new zoning should be harmonious with
and in accordance with the Comprehensive Plan and no
Comprehensive Plan amendment is required.
(b) The area is on the main street of Meridian where
substantial commercial property is located. A rezone of
the subject property is in line with that use.
(c) The area around the proposed zoning amendment is
developed in a residential fashion but has had several
properties rezoned. The new zoning of C-C Commercial
should not be contrary to the other uses in the area.
(d) There has been a change in the area which dictates
that the property should be rezoned and the area is very
likely to be developed in an office or commercial
fashion.
(e ) That the property is designed and constructed to be
harmonious with the surrounding area.
(f) Commercial uses should not be hazardous or
disturbing to the existing or future uses of the
neighborhood.
(g) The property will be able to be adequately served
with public facilities, and connection to municipal
sewer and water is required.
(h) Commercial uses should not create excessive
additional requirements at public cost for public
facilities and services and would not be detrimental to
the economic welfare of the community.
(i) The proposed use should not involve any detrimental
activity to any person's property or the general
welfare .
(j) Development should not cause a significant increase
in vehicular traffic and should not interfere with
surrounding traffic patterns in that the property has
good street frontage.
(k) That this rezone will not result in the
destruction, loss or damage of any natural or scenic
feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 5
. - • •
(1) The proposed zoning amendment is in the best
interest of City of Meridian.
6. It is further concluded that the comments,
recommendations and requirements of City of Meridian Departments
and other governmental agencies will have to be met and complied
with.
7. That any signs placed on the property shall meet the
Meridian Sign Ordinance and shall not be lighted so as to shine in
i~` ~ `J~'
the eyes of voh,~lF±s traveling on East First Street.
8. That the Applicant and all users of the property shall
comply with all of the ordinances of the City of Meridian,
specifically including the water and sewer requirements, the Fire
and Life Safety codes, and the Uniform Building, Electrical, and
Plumbing Codes.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER VOTED
COMMISSIONER ROUNTREE VOTED
COMMISSIONER SHEARER
VOTED
COMMISSIONER ALIDJANI VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 6
•
DECISION AND RECOI~IIKENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Rezone requested by the Applicant for the property described in
the application with the conditions set forth in the Findings of
Fact and Conclusions of Law and that the property be required to
meet the comments of the Meridian Departments and the other
governmental agencies.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW/LANG Page 7
.7
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and
the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a
public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour
of 7:30 p.m., on December 15, 1994, for the purpose of reviewing and considering the
Application of Diane and Robert Lang, for a Rezone Request for land located in the N 1/2
of Lot 10, 11, 42, 13, 14, 15, Block 1 of F.A. Nourse's 3rd Addition to Meridian, Boise
Meridian, Ada County, Idaho, and which property is generally located on 1115 E. 1st
Street. The Application requests rezone to C-C.
A more particular legal description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the Application is available upon request. Any and all interested persons
shat) be heard at said public hearing and the public is welcome and invited to submit
testimony.
Dated this 21st day of November, 1994.
i,f,G~..---r ~
WILLIAM G. BERG, JR., CITY CLERK